Minutes approved on 8/18//05
Page 1 of 7
CONSERVATION COMMISSION
78 Main Street, Hudson, MA 01749
(978) 568-9625
Martin Moran, Chairman David Esteves, Member Misty-Anne Marold, Member
Paul Byrne, Member Joseph Rodrigues, Member Judith Sabourin, Member
W. Minot Wood, Member
Minutes
July 21, 2005, 7:00 P.M.
1.0 Preliminaries
1.1. Chairman Marty Moran opened the meeting at 7:00 p.m.
1.2. Roll Call: Chairman Marty Moran, Vice Chairman Paul Byrne, Clerk Judy Sabourin, members Misty-Anne Marold, Joe Rodrigues and Minot Wood. Also in attendance was Conservation Agent Katrina Proctor. Member David Esteves was absent.
1.3. Additions or deletions to the agenda
2.0 Hearings and Appointments 7:00 P.M.
2.1 Enforcement Order issued 7/18/05 by Katrina Proctor, Conservation Agent
Location: Chestnut Hill Estates, Chestnut St., Map 57 Parcel 2
Applicant: The Oakwood Group, LLC. (Mike Heim)
Owner: Sally Malloy
Katrina Proctor explained that she issued an enforcement order because the site was not controlled during the storm event July 8th. Sediment from the site washed down to the river on Brook Street. DPW and the Building Inspector responded to the incident and required erosion controls immediately. They reported that mitigation was not installed until Monday. The enforcement order required the owner to submit an erosion control and sedimentation plan, come to the Conservation Commission meeting this evening and file a Notice of Intent.
Mike Heim from the Oakwood Group was present with his representative Tom DiPersio JR. of Thomas Land Surveyors.
Mike Heim explained that he had left someone in charge while he was away for the weekend. He explained that the temporary sedimentation control basin was partially full from the previous storm on Wednesday and it could not handle the second storm. Mr. Heim also noted the public roadway has scoring and chiseling of the sides. He noted that the catch basin across from the Kane property needs to be maintained. He commented that there is a tremendous amount of water for the entire system. Mike stated that drastic measures have been taken since Monday. Two 10-wheel truck loads of silt were removed from the temporary sedimentation control basin. Slopes have been graded, seeded and mulched. The subdivision roadway construction is in the
process.
Paul Byrne made a motion to ratify the Enforcement Order issued by Katrina Proctor, seconded by Misty-Anne Marold with all in favor.
Marty Moran made a motion not to require the filing of a Notice of Intent, seconded by Minot Wood with all in favor.
2.2 Request for Determination of Applicability (HUD #308)
Applicant: Hudson Park Commission
Location: Tripp’s Pond – Corner of River, Maple and Green Streets
Project Description: Annual maintenance and improvements along River Road embankment and entire shoreline of Tripp’s pond (beach side and Maple Street side), to include removal of invasive plants and brush, excavating stumps, adding topsoil and new plantings. One time replacement of chain link fence along River Street.
This is an “after-the-fact” filing. DPW cut trees, stumps and vegetation at the corner of River and Maple Street. Since then, Katrina Proctor has communicated to DPW and the Park Department the necessity of submitting a filing under the Wetland Protection Act. Communication between departments is now improved and there is a better understanding of the approvals needed.
Park Director, Linda Ghiloni presented the project.
Misty-Anne Marold provided the applicant and the Conservation Agent with a copy of the standard operating procedures for removing invasive plants.
Marty Moran made a motion to issue a negative determination effective for 1 year with the following conditions:
1) A detailed planting plan must be submitted for approval by the Conservation Commission or its agent prior to planting.
2) The removal and disposal of purple loosestrife must be approved and coordinated with the Conservation Commission and or its agent prior to removal and subject to the “Standard Operating Procedure”.
The motion was seconded by Misty-Anne Marold with all in favor.
2.3 Request for Determination of Applicability (HUD #309)
Applicant: Mark Sodano
Location: 3 Falls Brook Rd.
Project Description: install a 21’ above ground pool in backyard 80’ from wetlands. Deck will be attached to back of the house next to the existing deck.
Katrina Proctor explained that a she visited the site with Joe Rodrigues and Marty Moran. Since the pool is proposed behind the house with an element filter there appears to be no impact to wetlands and therefore recommends the issuance of a negative determination.
Paul Byrnes made a motion to issue a negative determination, seconded by Marty Moran with all in favor.
2.4 Notice of Intent (DEP #190-
Applicant: Jonathan Green
Location: 20 Lakeside Ave.
Project Description: Remove existing 785 s.f. camp and construct new 1520 s.f. (footprint)
3 bedroom house, sewage disposal system and 12’ wide paved driveway within 100’ Buffer
Zone. There are no impacts to BVW.
Thomas DiPersio Jr. of Thomas Land Surveyors explained the project. This is a pre-existing non-conforming lot (8,300 s.f.) which shares a common driveway; however, there is currently no formal right of way. The existing property contains a small camp with a cesspool and a well. An application for a variance has been filed with the Zoning Board of Appeals.
The proposal is to construct a new 2story dwelling to replace the camp, and to replace the existing failed cesspool with a new septic system. The proposal also includes a new driveway and associated utilities, grading and landscaping.
It was noted that the deck and retaining wall is proposed 5 ft from the lake. The applicant proposes to cut trees which are hanging over the house. Several Conservation Commissioners expressed concern that the new house and deck is proposed too close to the lake. Misty-Anne Marold requested that the engineer reconsider site. It was noted that this is a substantial increase to buffer zone impacts. Misty-Anne Marold asked the engineer to provide information on the total square ft. of Buffer Zone alteration.
The proposed replacement septic is designed for a 3 bedroom house and in accordance with Title V. The plan is currently under review of the Board of Health. The house is served by town water. A new paved driveway is proposed. A stone trench is proposed to collect and infiltrate runoff from the proposed rooftop and driveway surfaces.
Marty Moran noted that the NOI should be corrected to indicate the resource area is an inland bank and not a BVW.
A site visit was scheduled for Monday, July 25th at 6:00 p.m.
Marty Moran made a motion to continue the hearing to August 4, 2005 seconded by Paul Byrne with all in favor.
2.5 Notice of Intent (DEP #190-455)
Applicant: Empire Management Corp.
Location: 62 Coolidge Street
Project Description: The project consists of the replacement of an Oil/Water Separator, the installation of 2,000 gallon underground industrial wastewater holding tank and the addition of two, car storage areas, to the existing automotive dealership. The proposed car storage areas will add approximately 11,000 S.F. of impervious area to the site.
Brandon Ducharme, wetlands expert and Craig Martin, engineer from Ducharme and Wheeler, Inc. explained the proposal. Empire Management acquired the property last year. Resource areas include Hog Brook, a perennial stream and the associated BVW located along the southeastern corner of the site.
To accommodate the additional runoff from the proposed car storage areas 2 underground infiltration trenches have been sited. The use of the trenches has eliminated the need for grading and excavation work associated with the use of a drainage pond. The trenches can accommodate the 2 year storm event. In an event greater than 2-year the trenches will surcharge and the car storage areas will flood. The outer perimeter of the car storage area has been designed with a curb. The curb will prevent runoff from sheeting out of the car storage area and directly into the wetlands for the 10 and 25 year storm event.
An assessment was done at the site and per M.G.L. C. 21E, the Mass. Oil and Hazardous Material Release Prevention and Response Act, the release of oil to groundwater was reported to DEP. The regulations are referred to as Massachusetts Contingency Plan (MCP). Results showed that the soil absorption system trap failed and contaminated the area with oil. The proposal includes an oil separator emergency trap, deep sump catch basins, stormceptors and underground infiltration trenches which meet compliance with DEP regulations. Plans for the site also include cleaning up the power lines area of invasive plants and grasses and expansion for car storage.
Based on questions from Minot Wood, it was determined that the roof material is stone and tar. The Commission asked that the plans be corrected because it says on the last page of the plans that the roof runoff goes into the town sewer.
The engineer noted that another DEP permit is needed for the holding tank.
The Commission stated that the riverfront alternatives analysis was not adequate. The engineer noted that the property predates the Rivers Act and therefore does not have to satisfy the performance standard to purchase property. The performance standards allow riverfront alteration up to 10% for lots created prior to August 1996. The applicant claims that the project is an overall improvement. It was also noted that the proposal is maximizing the full extent of what is allowed by the regulations.
Chairman Marty Moran stated that he would like a consultant to look at the drainage calculations. He asked about the stormwater management standard #5, asking why this site is not considered land with a “higher potential pollutant load”. The engineer stated he will look into that.
Marty Moran itemized needed information as follows:
1) Operation and Maintenance Plan to be a separate document rather than within the drainage calculations.
2) Maintenance work to recorded with the Conservation Commission
3) The “Mitigation Section” shall be added to the plan set.
Site visit was scheduled for July 25th at 7:00 PM. The representatives will stake the limits of the storage area.
Paul Byrne made a motion to continue the meeting to August 4, 2005 at 7:00 PM, seconded by Minot Wood with all in favor.
2.6 Continuance ANRAD (DEP # 190-0443)
Applicant: Jed Hayes, SullivanHayes
Location: 0 Coolidge St.
Note: Revised plan has been submitted 7/14/05
Mary Moran made a motion to issue an Order of Resource Area Delineation approving the accuracy of the wetland delineation contingent upon the satisfaction of the Commission’s consultant David Burke, seconded by Joe Rodrigues with all in favor.
Misty-Anne Marold noted the site has habitat for spotted turtle and pointed out that the ANRAD did not note such findings. She made a request for Katrina to call the Town of Berlin to see if they had a habitat assessment done on the site.
2.7 Notice of Intent (DEP #190-)
Applicant: William Glynn, Trustee Rivers Edge Realty Trust
Location: Rivers Edge Drive
Project Description: construction of subdivision stormwater control facilities within the Buffer Zone of Bordering Vegetated Wetlands.
Steve Poole, engineer at Consolidated Design submitted the green cards/proof of abutter notification.
Steve Poole gave the presentation describing the project. He noted that the Commission has already issued an Order of Conditions on Lot 1 and issued a positive determination on Lot 3 requiring the applicant to file a Notice of Intent. He explained that this application is for drainage provided for the subdivision road only. There will be individual filings on the houses. The project is a seven lot subdivision with single family homes on 6.94 +/- acres.
Poole noted that the Planning Board’s consultant SEA Consultants, have reviewed the drainage and the project is in compliance with the state’s stormwater policy.
Work is not proposed in the Bordering Vegetated Wetland. The stormwater management facilities fall within the Buffer Zone, specifically the drainage easement on Lot #3. Staked hay bales and silt fence will be installed. The roadway drainage system will be plugged until the road has been completed.
The FEMA Maps show a 100 year flood elevation at 213 abutting the Assabet River, above the restriction in the river caused by abandoned bridge crossing for an old town road. There is also a 100 year flood elevation of 212 on the wetland to the east of the site. This is result of backwater from the Assabet River. There is some grading within the flood plain within the drainage easement on Lot #3.
No work is proposed within the Riverfront Area.
It was noted that more than 1 acre of disturbance requires an NPDES Permit.
Stormwater from the project will collect in oil/water & sediment trap units for treatment purposes and then to either a series of infiltration systems and/or a grassed swale for additional treatment prior to discharge.
Minot Wood asked in what storm event will it overflow.
Hugo Guidotti noted that the JPI project did not work and is concerned where all the water would go. Steve Poole stated the applicant plans to correct a culvert for the DPW. Poole also stated that no more water is being generated from the project; however, more water is being generated in one spot.
The proposed roadway is a 550 ft. cul-de-sac.
Misty-Anne Marold stated that the proposal will change the existing hydrology. She suggested making the flow more natural. Poole agreed to straighten overflow pipe.
Developer Billy Glenn informed the commission that the Planning Board and the Internal Traffic Committee are asking for a sidewalk to continue from the development up to Pheasant Trail. Glenn is not in agreement with the request, stating that he would be willing to donate money to the town to development the sidewalk at a later date, since he believes that the roadway will need to be upgraded and his work could be torn up. Katrina Proctor noted that she had a discussion with the Town Planner Jennifer Burke who relayed to her that the Planning Board routinely asks the developers to extend sidewalks in town and is firm in their request.
Billy Glenn and the Commission enthusiastically discussed the option of placing a Conservation Restriction on the large open space parcel to be retained by the owner.
Minot Wood made a motion to continue the hearing on August 4, 2005 at 7:00 PM, seconded by Marty Moran with all in favor.
Minot Wood left the meeting at 9:30 PM.
2.8 Notice of Intent (DEP #190-)
Applicant/Owner: Todd Marsh, Paramount Construction
Location: Coolidge Street Map 19 Parcels 214 & 215
Project Description: Construction of a retail store, associated parking lot and retaining walls within the Buffer Zone of Bordering Vegetated Wetlands.
Note: The applicant has officially withdrawn the Notice of Intent (DEP # 190-0445).
Steve Poole stated that the applicant has filed a Site Plan Review with the Planning Board. The Internal Traffic Committee will meet to discuss this project on July 29th.
Poole noted that the details of the covered bridge must be changed. He stated that the swale required an outfall behind the building. The parking garage is under the building.
The Commission was concerned about the stormwater management police i.e. increasing peak discharge rates. There was discussion as the project relates to the state’s stormwater management policy. Marty Moran instructed Proctor to find out about the town’s new consultant SEA Consultants to verify that this is the consultant to the Planning Board and whether the Conservation Commission must also use this consultant.
Marty Moran itemized needed information as follows:
1. The Operation and Maintenance Plan must be a separate document.
2. The Commission requires a yearly reporting requirement.
3. Snow fence is needed.
4. No salt is allowed on the parking area.
5. Submit a final planting plan with number and species.
6. No non-native or invasive plants are allowed.
7. Wooden guard rail is required at the entrance to obstruct snow from being pushed into the wetlands.
Paul Byrne made a motion to continue the hearing to August 18th at 7:00 PM, seconded by Marty Moran with all in favor.
3.0 Work Session
3.1 Minutes
3.1.1 June 16, 2005 – Paul Byrne made a motion to approve the minutes of June 16, 2005, seconded by Misty-Anne Marold. (4-0-1 motion passed)
3.2 Vouchers
3.2.1 KP request to purchase cart to carry files etc to meetings. ($298.00) Misty-Anne Marold stated that Minot Wood asked her to tell the Commission that he is in favor of the purchase. Paul Byrne made a motion to approve the purchase of the cart for $298.00, seconded by Misty-Anne Marold with all in favor.
3.3 Discuss Expense Ledger Report – noted.
3.4 Appoint a Treasurer – no discussion.
3.5 Sign Determination HUD#305 DPW Forest Avenue reconstruction project – completed.
3.6 Planning Board request for review and comments
3.6.1 Indian Rock Estates – (see memo per chairman) discussed.
3.6.2 Hillside Retirement Community – (see memo per chairman) - discussed
3.6.3 Quinn Estates – The Commission will send a memo that they are concerned about the wetland crossing. For references the commission will look at the approval for Old Bolton Road.
3.6.4 River’s Edge
3.7 Request for Certificate of Compliance
3.7.1 DEP 190-391 Marlborough/Reed
3.7.2 DEP 190-454 31 Maple St.
3.7.3 DEP 190-422 3 Falls Brook (Lot 16)
3.7.4 DEP 190-423 1 Falls Brook (Lot 17)
3.8 Misty-Anne Marold stated that she would make copies of 310 CMR for the Commissioners.
3.9 Marty Moran noted that he will relinquish his chairmanship on December 31st completing his term and would like to work on open space projects for the Commission.
4.0 Correspondence
5.0 Pending
5.1 Bolton Conservation Commission email/map re: gift of land
5.2 Create an Order of Conditions inspection sign off card.
6.0 Advertisements and Conferences
7.0 Commentary
7.1 The database application will be installed Friday morning at 9:30 a.m.
7.2 Eagle Scout Project – Danforth Woods Conservation Land - Katrina Proctor noted that she and Paul Byrne visited the Conservation Land and has discussed potential Eagle Scout projects for Todd Niemi. Proctor will meet with Niemi and give suggestions.
8.0 Adjournment - Marty Moran made a motion to adjourn the meeting at 10:40, seconded by Misty-Anne Marold with all in favor.
Minutes respectfully submitted by:
Katrina Proctor
Conservation Agent
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